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Central Information Commission

Mr. Kailash Chandra Panda vs Bsnl, Koraput on 11 December, 2009

              Central Information Commission
                                                                   CIC/AD/C/2009/000933
                                                                 Dated 11th December, 2009



Name of the Applicant                       :   MR. KAILASH CHANDRA PANDA


Name of the Public Authority                :   BSNL, KORAPUT

Background

1. The Applicant filed his RTI application on 25.08.09 with the CPIO / GMTD, Koraput seeking information regarding BSNL approved job contractor's bill for the month of May 2009 for 5 job contracts. On not receiving any reply from the CPIO, the Applicant filed a Complaint before the CIC on 17.09.09 seeking information. A Notice was issued by the CIC dated 06.11.09 directing the PIO to provide information and also to respond to show cause Notice issued to him for not providing the information and to appear before the Commission on 11.12.09 with the relevant files and documents.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing on 11th December, 2009.

3. The Public Authority was not present.

4. The Complainant was heard over telephone during the hearing.

Decision

5. In a letter dated 05.12.09 addressed to the D.G.M-cum-CPIO, O/o the GMTD, Koraput endorsed to the Commission by the Complainant, the Commission noted that 27 pages of information was received by the Complainant on 01.12.09. The Complainant however, stated in the letter that work orders according to which work was carried out by the contractors have not been provided by the CPIO and also copies of the back side of the bills where the Pay order number and certificate of the controlling officers are available. He requested for certified copies of work orders of all the sections of Koraput Telecom District before commencement of job contract work for the month of May, 2009 and also certified copies of the back side of the contractors' bills.

6. The Complainant reiterated his complaint when contacted over the telephone. The Commission, accordingly directs the CPIO to provide this information to the Complainant by 15 January, 2010. The Commission also observed that despite the show cause notice , the CPIO has not provided any explanation to the showcause notice and is constrained to impose a penalty on the CPIO for delay of 60 days in furnishing the information amounting to Rs.15,000/- to be recovered from the salary of the CPIO, by the Appellate Authority in five equal monthly installments. The penalty should be paid by way of a Demand Draft drawn in favour of " PAO, CAT"

payable at New Delhi and to send the same to Sh. G. Subramaniam, Deputy Registrar & Under Secretary, Central Information Commission. The first installment should reach by end January, 2010 and the last by end May, 2010. The Complaint is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Assistant Registrar Cc:
1. Mr. Kailash Chandra Panda S/o Shri Niranjan Panda Telephone Bhawan Malkangiri Colony Orissa - 048.
2. The PIO Bharat Sanchar Nigam Limited O/o the G.M. Telecom District Koraput District Koraput
3. The Appellate Authority Bharat Sanchar Nigam Limited O/o the G.M. Telecom District Koraput District Koraput
4. Officer in charge, NIC
5. Press E Group, CIC